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HomeMy WebLinkAboutContract 36784-CA1 CITY W-C QMv ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agreement is made and entered into by and between Waterview Estates, L.P., Pars Investment, Inc., General Partner("Assignor") and CTMGT Waterview Estates FL-1,LLC., ("Assignee") and the City of Fort Worth, ("City") RECITALS A. Waterview Estates, L.P., Pars Investment, Inc., General Partner and the City of Fort Worth, Texas (the "City") entered into that certain Tax Abatement Agreement ("Agreement") for Property Located 5552 Thunder Bay Drive; Lot 22; Block 2; Waterfront at Enchanted Bay; an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded and filed in Cabinet A; Slide No. 11723, Plat Records, Tarrant County, Texas ("Property") which is located in the Lake Arlington Neighborhood Empowerment Zone, such Agreement approved by the City Council of Fort Worth November 6, 2007, City Secretary Contract Number 36784 ("Agreement"): B. Section 5 of the Agreement permits Assignor to assign all of its rights under the Agreement to Assignee, without obtaining the prior consent of the City Council: C. Waterview Estates, L.P. has formed CTMGT Waterview Estates FL-1, LLC under the direction of Waterview Estates, L.P. to manage the remaining properties in Waterview Estates not yet sold to a builder. D. Pursuant to that certain Special Warranty Deed dated as of September 27, 2013 recorded under Tarrant County Deed Records, Assignor conveyed the Property to CTMGT Waterview Estates FL-1, LLC. and Assignee acquired title to the real property, which is the subject of the Agreement. AGREEMENT NOW THEREFORE, in consideration of the mutual terms and conditions herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Assignment. Assignor hereby ASSIGNS, TRANSFERS AND CONVEYS all rights, duties, obligations, title and interest under the Agreement to Assignee. 2, Acceptance. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties and obligations arising under the Agreement. 3. Effective Date. The effective date of this Assignment is September 27, 2013 ("Effective Date"). All rights, duties and obligations under the Agreement arising, accruing or relating to the period before the Effective Date are allocated to Assignor and all rights, duties and obligations arising, accruing or relating to the period thereafter shall be allocated to Assignee. OFFICAAL RECORD Assignment of Tax Abatement Contract#36784 from CITY SECRETARY Waterview Estates, LP to CTMGT, LLC �'�° ����� � NOV 0 � 20 i� .4�'�RTH 1 9�� 1� 4. Release and Surrender of Assignor. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Agreement as of the Effective Date. Assignor must surrender the Property to the Assignee on or before 11:59 p. in. on the date prior to the Effective Date in its present condition. Assignor relinquishes any right to any improvements, fixtures or equipment on the Property. 5. Representations. Assignor represents, warrants and covenants with Assignee that as of the Effective Date, that Assignor is not in default under any of its obligations contained in the Agreement. 6. City of Fort Worth's Consent. City of Fort Worth hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City of Fort Worth has executed this Assignment, this Assignment is of no effect. The consent granted herein should not be construed as consent to any further assignment except as provided in the Agreement. The failure or delay of City of Fort Worth in seeking to enforce any provisions of the Agreement or this Assignment should not be deemed a waiver of rights or remedies that City of Fort Worth may have, or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 7. Notices. Any notice given by any parry to another party hereto must be given in the manner required under the Agreement. The addresses set forth below supercede any addresses for notices set forth in the Agreement. CITY OF FORT WORTH: City of Fort Worth Housing and Economic Development Department(NEZ) 1000 Throckmorton Fort Worth, Texas 76102 ASSIGNOR: ASSIGNEE: Waterview Estates, L.P. CTMGT Waterview Estates FL-1, L.L.C. Pars Investment, Inc., General Partner 3901 Airport Freeway, Suite 200 3901 Airport Freeway, Suite 200 Bedford, TX 76021 Bedford, TX 76021 S. Successors. Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the parties, and their respective heirs, executors, administrators, successors and assigns. 9. Counterparts. This Assignment may be executed in multiple counterparts, each of which, once executed, will be an original and fully-binding on the parties so executing; and all such counterparts together constitute one and the same agreement. Assignment of Tax Abatement Contract#36754 fron L OFFICIAL RECORD Waterview Estates, LP to CTMGT, LLC CITY SECRETARY 2 • WORTH, TX s 10. Binding Offer. This Assignment will be not be binding until executed and delivered by all three parties. IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first above written. CITY OF FORT WORTH �/04' Fernando Costa Assistant City Manager STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa, Assistant City Manager of the CITY OF FORT WORTH, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said CITY OF FORT WORTH, TEXAS, a municipal corporation, that he was duly authorized to perform the same by appropriate Mayor and Council Communication of the City Council of the City of Fort Worth and that he executed the same as the act of the said City for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 52013. +,tY Ary EVONIA DANIELS lotarvyPublic in and for - Notary Pub!!c,State of Texas the State of Texas ` my ju 10,2017!res Y ATT T• � M ®� ��� Wary ayser, cret -y APPROVED AS TO FORMA I Melinda Ramos OFFICIAL RECORD Assistant City Attorney M &C: C-22514 CITY SECRETARY FF . °:ff3O)IR�1 H,TX -, Assignment of Tax Abatement Contract 936784 from Waterview Estates, LP to CTMGT,LLC 3 ASSIGNOR: Waterview Estates, L.P-, Pars Investment, Inc., General Partner 4,4" ��� - Name: Mehrdad Moayedi Title: President STATE OF TEXA���11 "S COUNTY OF T_ARRANT- § BEFORE ME, the undersigned authority, on this day personally appeared Mehrdad Moayedi of Waterview Estates, L.P., a Texas Limited Partnership, Pars Investments, Inc., General Partner, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of Waterview Estates, L.P., a Texas Limited Partnership, Pars Investment, Inc., General Partner. GIVEN UNDER MY HAND AND SEAL OF OFFICE this }S day of 20 , (--Nolary Public in and for DE©BIE RENEE LYTLE the State of Texas My Commission Explros s August 1,2016 ASSIGNEE: CTMGT Waterview Estates FL-1, L.L.C. Name: Mehrdad Moa edi Title: Managing Member STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Mehrdad Moayedi, Managing Member of CTMGT Waterview Estates FL-1, L.L.C. known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated. IVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 3. Any Wow RENEE LYTLE jotaryPblicin and or My Com"11881on Expiros the State of Texas ��,EorsE August 1,20 !AL RECORD Assignment of Tax Abatement Contract#36784 from �� SECRETARYTY Waterview Estates, LP to CTMGT, LLC 4 FT �9ORM TX Y L1..tiV L\VYIV YY LucJV t 11 J official site of the City of Fort worth, 1 omS FoRTWoun COUNCIL. ACTION: Approved As Amended on 1 1/6/2007 DATE: 11/6/2007 REFERENCE C-22514 LOG NAME: 05ENCHANTEDBAY NO.: CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Five Year Tax Abatement Agreement with Waterview Estates, L.P., a Texas Limited Partnership, and Woodhaven Homes, L.P., a Texas Limited Partnership, Located in the Lake Arlington Neighborhood Empowerment Zone RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into a five year Tax Abatement Agreement with Waterview Estates, L.P., a Texas Limited Partnership, and Woodhaven Homes, L.P., a Texas Limited Partnership, located in the Lake Arlington Neighborhood Empowerment Zone; and 2. Find that the statements set forth in the recitals of the attached Tax Abatement Agreement with Waterview Estates, L.P., and Woodhaven Homes, L.P., are true and correct. DISCUSSION: Waterview Estates, L.P., and Woodhaven Homes, L.P., are the owners/developers of the 118 properties listed in Exhibit "A". This real property is located in the Lake Arlington NEZ and Neighborhood Empowerment Reinvestment Zone (NERZ No. 16). Waterview Estates, L.P. and Woodhaven Homes, L.P. have applied for a five-year municipal property tax abatement under the NEZ Tax Abatement Policy and Basic Incentives (M&C G-14947), as amended. The NEZ Program offers a five-year municipal property tax abatement on the increased value of improvements to the qualified owner of any new construction within a NEZ. The Housing Department has reviewed the application and certified that the property meets the eligibility criteria to receive NEZ municipal property tax abatement. Waterview Estates, L.P., and Woodhaven Homes, L.P., will invest a minimum of$15,200,000.00 to construct 118 single-family homes in the take Arlington NEZ. In order for Woodhaven Homes, L.P., or any other developer or builder approved by the City Manager or his designee to qualify for the tax abatement, they must construct homes with a minimum of 1200 square feet of living space with at least three bedrooms, one and one-half baths and 70% mortared brick which will appraise for a minimum of $100,000.00. A more detailed description of the homes to be constructed and sample drawings are attached as Exhibit "B". The Agreement is attached as Exhibit"C". http://apps.cfwnet.org/councii_packet/mc—review.asp?ID=g 145&councildate=11/6/2007 05/19/2009 ' iYl[?G,l. M.CVICW i LY�G J Vl J Final TA Agreement for M&C.doc Location Map for M&C,pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=8145&councildate—1 1/5/2007 05/19/2009 WATERFRONT AT ENCHANTED BAY PHASE 1A David Strickland Survey, Abstract No. 1376 City of Fort Worth,Tarrant County, Texas Filed in Cabinet A, Slide No.11723, Plat Records, Tarrant Co., Texas on 02/23/07 N E Z, C e ft'-, . 4 LA-C-0001-045 2 19 5564 Thunder Bay Dr, Waterfront At Enchanted-lay-Tax Abatement LA-C-0001-046 2 20 5560 Thunder RaZ Dr. Waterfront At Enchanted Ba Tax Abatement LA-C-0001-047 2 21 5556 Thunder f2y-Dr. Waterfront At Enchanted Bay-Tax Abatement LA-C-0001-048 2 22 5552 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-049 2 23 155481 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-050 2 24j'554--4- I Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-051 2 25 55401 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-052 2 26 5536 Thunder Bay Dr. Waterfront At Enchanted Bay _Tax Abatement LA-C-0001-053 2 27 5532 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-054 2 28 5528 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-055 2 29 5524 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-056 2 30 5516, Thunder Bay Dr. Water-front At Enchanted Bay Tax Abatement LA-C-0001-057 3 1 5621 Thunder Bay Dr. Waterfront At Enchanted Say Tax Abatement LA-C-0001-058 3 2 5617 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-059 3 3 5613 Thunder Bay,Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-060 3 4 5609 Thunder Bay Dr. Water-front At Enchanted Bay Tax Abatement LA-C-0001-061 3 5 15601 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-062 3 6 16561 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-063 3 7 15553 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-064 3 8 5549 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-065 3 9 5545 ThunderSayDr. Waterfront At Enchanted Bay :Tax Abatement LA-C-0001-066 3 10 5541 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-067 3 11 6637 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-068 3 12 5533 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-069 3 13 5529 Thunder Say Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-070 3 14 15525, Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-071 3 15 155211 Thunder Say Dr, Waterfront At Enchanted Bay Tax Abatement LA-C-0001-072 3- 16 5517 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-073 3 17 5513 Thunder Bay Dr. Waterfront At Enchanted Bay_ Tax Abatement LA-C-0001-074 3 18 5509 Thunder Bay Dr, Waterfront At Enchanted Bay Tax Abatement LA-C-0001-075 3 19 5505 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-076 3 20] 55011 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-077 3 21 5424 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-078 3 22 5428 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-079 3 23 5432 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-080 3 24 5436 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-081 3 25 154401 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-082 3 26 5444 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-083 3 27 5448 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-084 3 28 5500 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-085 3 29 5504 Grenada Drive Waterfront At Enchanted Bay_ Tax Abatement LA-C-0001-086 3 30 155081 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-087 3 31 55121 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-088 3 32 5516 Grenada Drive Waterfront At Enchanted Ba Tax Abatement LA-C-0001-089 3 33 5520 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-090 3 34 5524 Grenada Drive Waterfront At Enchanted Bay Tax Abatement Page 2 of 3